A pair of California lawmakers says the authors of Proposition 64, which legalizes recreational marijuana, missed one small detail: Outlawing toking while driving.
The duo’s proposal “closes a loophole in Proposition 64, the recreational marijuana initiative, which makes it illegal to have an open container of pot in a vehicle but fails to specifically address the use of marijuana products while behind the wheel,” says a statement from Sen. Jerry Hill, one of the legislators behind the bill.
He says Senate Bill 65, co-authored with Assemblymember Evan Low, will fix the situation so that California doesn’t turn into a giant Cheech & Chong scene. The politicians say 64, passed by voters in November, doesn’t give cops any tools to cite or arrest drivers who are actually spotted using weed while driving.
However, they do acknowledge that California DUI law does prohibit driving while under the influence of any drugs, and that field testing and drug recognition officers can add up to bad news for anyone caught with a pipe in one hand and a steering wheel in the other. “The new legislation would make it an infraction for anyone to smoke or consume marijuana in any form while driving a vehicle or piloting a vessel or aircraft,” reads Hill’s statement.
“This legislation makes our laws for smoking while driving consistent with drinking while driving,” Hill said. “With New Year’s Eve approaching, it’s important to remind Californians that impaired driving can be deadly.”